As fintechs no ordenamento jurídico brasileiro

Abstract

This work aims to analyze the regulation of Fintechs in Brazil, which are the combination of the words “finance” and “technology”, used to define enterprises that provide financial products and services with features of innovation and the use of technology. For this purpose, bibliographic research and legislative analysis were employed, particularly Normative Resolutions of the National Monetary Council (CMN) and Securities and Exchange Commission. Firstly, we will analyze the composition of the National Financial System, including their normative agents, supervisors and operators, aiming to understand if and where Fintechs fit in this context. Secondly, we will address Fintechs and their fields of activity. Finally, we will analyze CMN's Resolution n° 4656, which regulates lending fintechs, their constitution so that questions will be analyzed about the constitution and functioning that these fintechs will have to undergo. In conclusion, we will discuss the different meanings of the term “Fintech”, the different ways in which these companies change the financial market, and whether the regulatory institutions are contributing or not to the development of the Fintech industry.